IN THE CASE OF

		BOARD DATE:	  2 Ju1y 2014

		DOCKET NUMBER:  AR20130020602 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show two awards of the Purple Heart.

2.  The applicant states he served in the Army during the Korean War and he was wounded in action in two different engagements and two separate locations.  He received one Purple Heart and he requests the second Purple Heart so that his records are accurate.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, available reconstructed records offer sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on
28 February 1951 and he was honorably discharged on 3 February 1954.  He had completed 2 years, 11 months, and 6 days of total active service that included 2 years, 6 months, and 23 days of foreign service.

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows, in pertinent part, he was awarded the Purple Heart (per General Order Number 63, Section 1);

	b.  Item 28 (Most Significant Duty Assignment) shows, "Tank Company, 
4th Infantry Regiment"; and

	c.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows, "20 September 1952, Old Baldy, Korea."

4.  There are no orders or other evidence in the applicant's available military service records that show he was awarded a second award of the Purple Heart.

5.  A review of the Korean War Casualty File shows the applicant was wounded in action on 20 September 1952 in the North Korean sector.  This review failed to reveal any other record entries pertaining to the applicant.

6.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  A search of these files revealed the applicant was wounded in action on 20 September 1952.  The review failed to reveal any other entries pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is authorized for wear for each additional award of the Purple Heart.

	b.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was wounded in action on two separate occasions and awarded two awards of the Purple Heart.

2.  The applicant's contention was carefully considered.

   a.  Records show the applicant was wounded in action on 20 September 1952 and that he was awarded the Purple Heart.

   b.  The sincerity of the applicant's comments with respect to a second injury received in action is not in dispute.  However, in this case, in order to qualify for a second award of the Purple Heart there must be evidence that the individual was wounded or injured while in action in the face of the armed enemy or as a result of a hostile act of such enemy on another occasion (i.e., other than the incident on 20 September 1952 for which he received the Purple Heart).

   c.  There is no evidence of record that shows the applicant was wounded or injured while in action other than on 20 September 1952, or that he received a second award of the Purple Heart.

   d.  Therefore, there is insufficient evidence to support a second award of the Purple Heart in this case.

3.  Evidence shows that the applicant's records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to show the Republic of Korea War Service Medal in item 27 of his DD Form 214.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___________X_________
               CHAIRPERSON
      

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130020602



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ABCMR Record of Proceedings (cont)                                         AR20130020602



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